Study On The Causes Of Employment Discrimination And Countermeasures

Employment is the way of survival. Employment discrimination has a long history in China. Pursuit the employment equity is always the dream of people's. Furthermore, under the condition of economic crisis, the employment equity is particularly important. Employment discrimination invades the rights of equal employment, deprives their employment opportunities, and violates the principle "equality before the law". These negatives lead to an unequal society, which has certain dangers to the society.Our government and citizens have not enough awareness of employment discrimination. Because of this, employment discrimination is more and more serious in China, such as sex discrimination and household discrimination. When people realize that is the direct discrimination makes the unfair employment and leads to several lawsuits, many employers quickly change direct discrimination to more secret indirect discrimination. Nowadays, we have no special laws to eliminate employment discrimination. Meanwhile, our existing laws are still imperfect in direct discrimination, and even have no provisions in indirect discrimination. All of these make the employment discrimination more serious. Drawing on the advanced western experiences, this thesis studies the causes of China's employment discrimination, analyses its deficiencies from the aspects of legislation, judicature, and administration, and looks for perfect ways to improve.This thesis includes four parts. Introduction mainly introduces the purpose and significance of this thesis, and from this part we can know the disadvantages of employment discrimination and understand them from legal aspects. Concretely speaking, this part mainly introduces the research achievements on employment discrimination. In addition, this part mentions the contents and methods of this thesis studies.Part one is the connotation and manifestation of employment discrimination. This part emphasizes the definition of employment discrimination including the direct and indirect discrimination, describes the behaviors that constitute employment discrimination, and mentions what kinds of differential treatment are excluded in employment discrimination. At the same time, this part classifies the existing phenomena of our employment discrimination, and summarizes most of these phenomena.Part two studies the causes of employment discrimination. From the subjective and objective aspects, this part analyses the causes of China's employment discrimination. Specifically, the subjective reasons include prejudices and preferences of society, and statistical discrimination. The objective reasons have following points, that is, the supply of labor force is greater than demand, enterprises want to pursue more profits, as well as China's traditional culture, and institutional discrimination lead to the appearance of this discrimination.Part three studies the mechanism of anti-employment discrimination in foreign countries. It mainly introduces the legislative and judicial status of the international covenant, EU, Britain, USA, and Hong Kong.Part four is China's efforts to overcome employment discrimination. Firstly it introduces China's existing legislation on anti-employment discrimination, and brings forward some suggestions according to its defects. Secondly, it introduces the judicial status as well as deficiencies, and raises some advices. Finally, it puts forward some proposals from other aspects.Employment discrimination is a long-time social phenomenon, and it can't be solved in short time. However, as long as we know its seriousness, through the unremitting efforts, we can establish the legal philosophy of equal employment, learn the strengths of other countries, remove discrimination items in current laws, and build and improve the legal system of anti- employment discrimination. Based on these efforts, eventually we can realize the employment equity, and thus promote to establish a harmonious society.